New York Bans CBD Food Products

ALBANY, N.Y.—This month, the New York Department of Agriculture and Markets clarified its position on the inclusion of cannabidiol (CBD) in food products. The department’s policy states that “No food or beverage product may be made or sold in New York State if it contains CBD as a food, a food additive or an ingredient.”

Any food or beverage products that are found by department inspectors, in either a processing facility or in the marketplace, to contain CBD are considered adulterated. These products are subject to enforcement actions taken by the department or the U.S. Food and Drug Administration (FDA).

Enforcement actions may include:

• Voluntary removal of products
• Seizure and/or destruction of products
• Issuance of a fine and/or a failing sanitary inspection.

Retailers with any questions about this clarification should contact the department’s Division of Food Safety and Inspection at [email protected], the Division of Milk Control at [email protected] or 518/457-1772.

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